Legal Question in Criminal Law in California

expundge a conviction

i need to have a conviction for a 2nd degree murder charge taken off my record. this occured on january 30 1977


Asked on 12/16/03, 4:41 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: expundge a conviction

I'm afraid you can't do this. Barring something exceptional like a full pardon, a murder conviction is a permanent part of your record.

The only convictions which can be expunged are misdemeanors and those felonies for which the defendant was not sentenced to state prison. Second degree murder is a felony and I presume you served prison time. Judges in 1977 had more discretion in sentencing than they have today, but it is hard to imagine a judge not imposing at least some prison time for this type of conviction.

Convictions for certain felonies can later be reduced to misdemeanors and can then be expunged, but second degree murder is not one of them.

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Answered on 12/16/03, 5:30 pm


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